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HomeMy WebLinkAboutRDA Packet 1997/10/28 Notice is hereby given that the Chairman of the Redevelopment Agency has called and will convene a special meeting of the Redevelopment Agency on October 28,1997, at 6:00 p,m" immediately following the regular City Council meeting, in Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California to consider, ~~~er~te and act upon the following: ec are un~er "'~n"lhl ('Of Mr"'r', that I am emplo"e1 b" j" ", "' '",! V co n the Commun t, ',Q',~ "' C 'el C' and that I po this k'en "õi" '.'~ , ß,nd at tIle Pujlic éerv,ces .u:I:.: n ,n iL (.:t1 ,;,<11 on DATE,/D!-¿.<-I(Q1 SIGNED ì-?q...'7 A-n- ,}lr .. Tuesday, October 28, 1997 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Snecial Meeting of the Redevelonment Agencv of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency Members Moot -' Padilla -' Rindone -' Salas -' and Chair Horton - CONSENT CALENDAR ( Items 2 through 3 ) (Will be voted on immediately following the Council Consent Calendar during the City Council meeting) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2, RESOLUTION 1564 WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A TWO PARTY AGREEMENT WITH KEA ENVIRONMENTAL, INC. RELATED TO CONSULTING SERVICES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE BAY FRONT REDEVELOPMENT PLAN AMENDMENT AND APPROPRIATING FUNDS THEREFORuOn 10/7/97, the Agency approved Preliminary Plans for the Bayfront and Town Centre project areas, as the first step in the plan amendment process. Amendment to the Plans is considered to be a project under CEQA and an Environmental Impact Report needs to be prepared. Consultant services are required for preparation of an EIR as staff does not have adequate resources to complete the study. Staff recommends approval of the resolution, (Community Development Director 4/5th's vote required. - . ,.- Agenda -2- October 28, 1997 3, RESOLUTION 1565 AUTHORIZING THE COMPLETION OF SOIL REMEDIATION ON AGENCY-OWNED PROPERTY LOCATED AT 760 BROADWAY, AUTHORIZING THE EXECUTIVE DIRECTOR TO ARRANGE FOR CONTRACTUAL SERVICES FOR REMEDIATION, APPROVING A LOAN FROM THE OTAY V ALLEY ROAD REDEVELOPMENT PROJECT AREA FUND TO THE SOUTIIWEST REDEVELOPMENT PROJECT AREA FUND AND APPROPRIATING FUNDS THEREFOR FROM THE SOUTIIWEST PROJECT AREA FUNDuContaminated soils from both Phase I and 11 of the Broadway Business Homes site at 760 Broadway were excavated and stockpiled on the Phase 11 site. Excavation and treatment costs of this material was to be split equally between the developers and the Agency, but the developer is not able to commit these funds in the necessary timeframe for remediation. Additional Agency funds are required to complete the remediation, Staff recommends approval of the resolution. (Community Development Director) 4/5th's vote required. . . . END OF CONSENT CALENDAR' . . ADJOURNMENT TO CITY COUNCIL MEETING At this time, the Redevelopment Agency will adjourn to the Council meeting. ............. ORAL COMMUNICATIONS This is an opporlunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. - . Agenda ,3, October 28, 1997 OTHER BUSINESS 4. DIRECTOR'S REPORT(S) 5. CHAIR'S REPORT(s) 6. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the Regular Redevelopment Agency Meeting on November 4, 1997 at 4:00 p,m" immediately following the City Council meeting, in the City Council Chambers, .......... CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reporls of.fim!1 action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reporls of.fim!1 action taken, and adjournment will not be videotaped. Neverlheless, the reporl of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 7, CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticinated litieation nursuant to Government Code Section 54956.9 . Contemplated initiation of litigation by the CitylAgency pursuant to subdivision (c) of Section 54956,9., Two potential cases [M: \HOME\COMMDEV\AGENDAS\l 0,28-97 .RDA] - . . - REDEVELOPMENT AGENCY AGENDA STATEMENT Item ~ Meeting Date 10/28/97 ITEM TITLE: RESOLUTION 1&,-4 WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A TWO PARTY AGREEMENT WITH KEA ENVIRONMENTAL INC. RELATED TO CONSULTING SERVICES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE BAYFRONT REDEVELOPMENT PLAN AMENDMENT AND APPROPRIATING FUNDS THEREFOR SUBMITTED BY: C,m""'" '...,pm.. ';'~~ ç . REVIEWED BY: Executive Directo~ ~.A (4/5ths Vote: Yes..x.. No_I BACKGROUND: On October 7, 1997, the Agency approved Resolutions 1557 and 1558, taking the first step in the plan amendment process for the Bayfront and Town Centre project areas by approving the Preliminary Plans which are now being prepared. Amendment to the Plans is considered to be a project under CEQA and is therefore subject to environmental review. Based on preliminary assessment of environmental issues, staff has determined that an Environmental Impact Report (EIR) needs to be prepared. Consultant services are required for preparation of the EIR as staff does not have adequate resources to complete the study. RECOMMENDATION: That the Agency adopt the resolution waiving the consultant selection process, and authorizing the Executive Director to execute a two party Agreement with KEA Environmental, Inc. related to consulting services for preparation of an Environmental Impact Report for the Bayfront Redevelopment Plan Amendment and appropriating funds therefor BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The most significant environmental issues associated with the plan amendments are related to the addition of territory that is within the Port's jurisdiction. That area was recently the subject of an EIR for the Port's Master Plan Amendment, approved by their Board on October 7, 1997. A significant amount of current information is available from that EIR which was prepared by KEA Environmental. Inc. It is also important to note that KEA prepared the exhaustive EIR study for the Midbayfront LCP Amendment in 1993. Much of the information from that EIR will be relied upon to support the amendments to the redevelopment plan related to conformance with the LCP. ~-I Page 2, Item ot Meeting Date 10128197 Timing is critical to the Redevelopment Plan amendment process. In order to establish the 1997/98 fiscal year as the base year for the purposes of calculating tax increment, the amendment needs to be approved by September 1998. To meet that schedule, the preparation of the EIR should commence in early November, 1997. This would provide for completion of the Final EIR by May, allowing for the amendments to be taken to the Agency in June, leaving time in July and August for statutory notice requirements. Defining a scope of work for the Redevelopment Plan Amendment was not possible until the Port approved their Master Plan Amendment on October 7. 1997. The Redevelopment Plan land use plan must be consistent with the Port's Master Plan since they have land use jurisdiction within the territory proposed to be added to the Redevelopment Plan. Staff needed certainty on the Port's Master Plan Amendment before proceeding with the Redevelopment Plan Amendment EIR. This is why this item is being presented at this late date under difficult time constraints. Two factors, 1) the extreme time constraints for completing the EIR, and 2) the fact that KEA Environmental, Inc. is uniquely qualified for the project. having recently completed a similar EIR process for amendments to the Port District Master Plan for the same territory, staff has recommended that the City's normal consultant selection process be waived. Staff believes that the extensive existing data obtained by KEA for the Port Master Plan Amendment EIR can be readily used for this study and will result in cost savings to the Agency. In fact, in light of KEA's experience. they would have been the likely choice for the work if the project had been competitively bid. The scope of the EIR is outlined in detail in the Agreement which is included as Attachment A. The scope of work reflects the overall purpose for the EIR and distinguishes it from recent EIRs prepared in the same area. The EIR is proposed to specifically address the effects of the proposed Redevelopment Plan amendment separately from the effects associated with existing land use designations. The EIR will address the impact of utilizing blight removal tools provided under California Redevelopment law to stimulate new development and encourage economic development. Generally, the consultant will be responsible for filing public notices, coordinating with staff and other consultants working on the project, researching environmental impacts and documenting their findings in a Preliminary Draft EIR. The Consultant will be responsible for revising the Draft, issuing the document for public review and responding to public comment. FISCAL IMPACT: The contract will be awarded for a fixed fee of $45,865. The form of contract is the City's standard two-party consulting agreement. Funds are not available in the Bayfront Project Area account to cover the costs of the services. Staff is requesting that a loan be advanced from the unencumbered balance of the Otay Valley Road Project Area fund to the Bayfront Project Area fund and that an appropriation be made from the Bayfront fund for this specific purpose. Staff was not able to include this in the budget since the scope of work and costs could not be determined until the Port approved the amendment to their Master Plan. lJMI H:\HOMEICOMMOEVlSTAFF,REP\10,18,97\8AY,RPA.EIR [October 13, 1997 19:36aml] .;].,,-- . . -. RESOLUTION NO. .L.S..6.c./ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A TWO PARTY AGREEMENT WITH KEA ENVIRONMENTAL, INC. RELATED TO CONSULTING SERVICES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE BAYFRONT REDEVELOPMENT PLAN AMENDMENT AND APPROPRIATING FUNDS THEREFOR WHEREAS, amendment of the Bayfront and Town Center I Redevelopment Plans requires the preparation of an Environmental Impact Report (EIR); and WHEREAS, staff does not have the resources to prepare the EIR and requires the assistance of a consultant; and WHEREAS, due to the extreme time constraints for completing the EIR, and due to the fact that KEA Environmental, Inc, is uniquely qualified for the project, having recently completed a similar EIR process for amendments to the Port District Master Plan for the same territory, staff has recommended that the City's normal consultant selection process be waived; and WHEREAS, KEA Environmental, Inc. warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required by the Agency within the time frames provided within the subject Agreement all in accordance with the terms and conditions of the Agreement NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby: 1) waive the consultant selection process, based on the recitals set forth above; 2) authorize the Executive Director to execute a two party agreement with KEA Environmental, Inc, related to consulting services for preparation of an Environmental Impact Report for the Bayfront Redevelopment Plan Amendment in a final form approved by the Agency Attorney; 3) approve a loan from the unappropriated balance in the Otay Valley Road Redevelopment Project Area Fund to the Bayfront Redevelopment Project Area Fund in the amount of $45,865; and 4) appropriate funds from the Bayfront Redevelopment Project Area Fund to AIC 990-9907-5201 in the same amount, Presented by Approved as to form by ŒL~ 'Ç~ ~~ r Chris Salomone John M, Kaheny Director of Community Development Agency Attorney IIJMI H,\HOME\COMMOEV\RESOS\BAY,RPA,ElR IOotob" 23,1997 ",47pmll ,;¿-a - - Agreement between City of Chula Vista and KEA Environmental for Environmental Consulting Services This agreement ("Agreement"), dated October 28, 1997 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and KEA Environmental, the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, amendment of the Bayfront and Town Center I Redevelopment Plans requires the preparation of an Environmental Impact Report (EIR); and, Whereas, preparation of said EIR requires the services of a consultant; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; .:l-l/ NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement, C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services" ), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily ;l.S' -" , . exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. ,;¡..ç. - . ,. . H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City ;J-7 - - ,. - agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess ;¿-v of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests, Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests, Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during -2"1 the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter, Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, "-/0 attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or ~..II compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to tfl-/~ - - .. . time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement, 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, .:J, --I..! - - -- D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof, Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. ,;¿ -lei - .. .. - Signature Page to Agreement between City of Chula Vista and KEA Environmental for Environmental Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 19 City of Chula Vista by: John Goss, Executive Director Approved as to form: John M. Kaheny, City Attorney Dated: KEA Environmental By: Tom Larkin Exhibit List to Agreement ( X ) Exhibit A. .:l ../ ti' Exhibit A to Agreement between City of Chula Vista and KEA Environmental 1. Effective Date of Agreement: 2. City-Related Entity: (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4, Consultant: KEA Environmental 5. Business Form of Consultant: (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1420 Kettner Boulevard, Suite 620 San Diego, CA 92101 Voice Phone (619) 233-1454 Fax Phone (619) 233-0952 7. General Duties: Consultant shall perform services as outlined below for the preparation of an Environmental Impact Report for the Bayfront and Town Center I Redevelopment Plan Amendment. 8, Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall prepare the EIR in conformance with the criteria, standards and provisions of the California Environmental Quality Act. The scope of the EIR work effort .;I-I' shall include all necessary research, verification of existing data and analysis to satisfy the requirements of CEQA. At a minimum, the ErR shall contain the following sections: Executive Summary The Executive Summary shall include a brief summary of the project and proposed actions, as well as a summary of environmental impacts and proposed mitigation measures. Purpose and Scope of EIR The Purpose and Scope section shall contain information relating to the Project's compliance with the California Environmental Quality Act and identify the purpose, scope and application of the ErR. This section shall explain in detail how the ErR is proposed to specifically address the effects of the proposed Redevelopment Plan amendment and distinguish those effects from those associated with existing land use designations, A description of the purpose of the Redevelopment Plan should be included and compared to the function of land use controls in the absence of the Redevelopment Plan (for the Tidelands areas). The document shall be described as a Program EIR since all future activities carried out under the Redevelopment Plan are considered to be a single project. Project Description The Project Description shall include a discussion of the location and characteristics of the project, including a statement of the project objectives and proposed discretionary actions. The Project Description shall be sufficiently detailed to explain the scope of the Redevelopment Plan amendment, the reasons for the proposed changes and each element of the proposed changes, including expansion of territory, extension of time limits, and extension of eminent domain. This section shall describe the proposed amendment as a tool for eliminating blight and encouraging economic growth, giving a context for understanding how the Redevelopment Plan, with proposed amendments, relates to other land use controls, such as the City's General Plan, the Local Coastal Program and the Port's Master Plan, Environmental Impact Analysis This section shall address the existing conditions, impacts, mitigation measures and level of impact after mitigation for the topics listed below. A significant amount of existing data is available from the LCP Resubmittal #8 EIR and the recent Port Master Plan Amendment EIR. Information from those documents shall be summarized and properly referenced to provide a single formal report of environmental impacts and mitigation, This section shall address future ~-/7 development impacts for the new territory (Tidelands) only, in a "plan-to-ground" manner. Areas that are within the Tidelands but not within the study area of the recent Port Master Plan EIR need to be evaluated based on existing planned land uses as compared to existing environmental conditions. Evaluation of impacts for lands that are currently within the Redevelopment Plan boundaries shall be limited to the effects of extension of time frames for the Redevelopment Plan and extension of eminent domain authority ("plan-to-plan" analysis). Land Use and Planninq Consultant shall evaluate the consistency of the project proposals with existing General Plan Land use designations, the Local Coastal Program and the Port Master Plan. Consistency with other related plans or policies, shall also be addressed. Geophysical Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied related to potential impacts of future development associated with seismicity, soil suitability, landslides, erosion and subsidence. Water Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied to address potential impacts associated with changes in absorption and redirection of runoff patterns, flooding, water quality impacts from urban runoff, and changes in groundwater characteristics, Air Qualitv Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied to document both short term and long term air quality impacts. The air quality impact shall be quantified in terms of total pollutant load introduced by the project and represented as a percentage of the regional contribution, based on information derived from the nearest air monitoring stations. Noise Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied to address noise impacts from project traffic and from proposed uses within the amendment area, Transportation/Circulation Consultant shall summarize information from previous EIRs and technical studies to analyze increased vehicular movement, access and parking requirements, including necessary circulation improvements. The analysis shall ,:¿ ../f/ - . - - include examination of impacts to local intersections and roadway segments and shall be conducted in accordance with the SANDAG's Congestion Management Program. The realignment and/or widening of Marina Parkway is not proposed as a part of this project. Bioloqv Consultant shall summarize information from previous EiRs and conduct reconnaissance level field survey for areas not previously studied. No new analysis of potential impacts and/or mitigation is required. Surveys will be conducted to confirm existing information. Consultant shall summarize the direct and indirect impacts to biological resources resulting from future development in the amendment area. This analysis will be based on limited field surveys if needed and verification of existing studies. Public services/Utilities Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied to address impacts to the following: Fire Service Police Service Schools Road Maintenance Electricity/Natural Gas Communication Facilities Water/Sewer Storm Water Drainage Solid Waste Recreational Facilities Aesthetics Consultant shall summarize information from previous EIRs and conduct new analysis for areas not previously studied to address impacts associated with landform alteration, views, aesthetics and light and glare. Cultural Resources Consultant shall summarize information from previous EIRs to determine the level of impacts associated with archaeological, paleontological and historical resources. No new studies or record searches will be required. The EIR shall make reference to previous studies and render conclusions based on that information with respect to the proposed project. Alternatives Pursuant to Section l5l26(d) of the CEQA Guidelines, Consultant shall provide an analysis of a reasonable range ';/..'9 of alternatives. The definition of the project alternatives will be developed as the EIR analysis is conducted. Cumulative Impacts Consultant shall address cumulative impacts in accordance with Section 15130 of the CEQA Guidelines and based on information from previous EIRs. Cumulative effects for each relevant issue shall be discussed and the scope of the analysis shall be based on the range of impact for each issue. Quantification of cumulative impacts shall be provided where appropriate. Growth-Inducing Impacts Consultant shall address the project's potential to foster new growth in the City and the region, in accordance with Section 15126(g) of the CEQA Guidelines. This section will address the impact of utilizing blight removal tools provided under California Redevelopment Law to stimulate new development and encourage economic development. Other Required Sections Consultant shall include in the document a discussion of the all other CEQA-required content sections. Mitigation Monitoring and Reporting Program The Mitigation Monitoring and Reporting program (MMRP) will be developed at the Draft EIR stage and should include specific monitoring activities, a reporting system and criteria for evaluating the success of the mitigation measures. Candidate CEQA Findings Consultant shall prepare candidate CEQA Findings which will specify which mitigation measures have been incorporated into the project, as well as those feasible measures that have not been incorporated and should identify measures proposed as mitigation for previous actions by the City and the Port. The Findings will also identify feasible alternatives that could reduce adverse projects impacts but that are not being selected and why they have been rejected. If applicable, a Statement of Overriding Considerations shall be prepared. Appendices The Appendices of the EIR shall include a copy of the Notice of Preparation, Comment letters and any technical studies relevant to the EIR analysis. Final EIR The Final EIR shall contain responses to all public and agency comments on the Draft EIR and any necessary revisions to the text of the Draft EIR. .:l-~ - .. . - Notices Consultant shall prepare and distribute all appropriate notices, including but not limited to the Notice of Preparation, Notice of Completion, and Notice of Determination. Reimbursable Expenses Consultant shall, at their own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and other means, except as herein expressly specified to be furnished by the City or property owners, necessary or proper to perform and complete the work and provide the services required of the consultant. Al¿ work will be performed at a "not to exceed" contract prlce. Consultant should factor in the cost of supplying the City with the following number of documents. Any printing in excess of that herein specified will be reimbursed on a time and materials basis, with prior authorization from the Contract Administrator, only. 0 Ten (10) copies of the Screencheck EIR, MMRP and Appendices; 0 Fifty (50) copies of the Draft EIR, MMRP and Appendices; 0 Fifty (50) copies of the Final EIR and Appendices; 0 One (1) reproducible master copy of the FEIR suitable for reproduction of City equipment provided in a white three-ring binder; 0 Any related technical data or studies generated in conjunction with preparation of the EIR; and 0 One computer disk copy of the EIR and related documents that can be read by a Word Perfect 5.1 Program. Meeting Attendance Prime consultants must consider the costs of providing Senior or Project Manager level staff and necessary sub- consultants at meetings and hearings throughout the EIR process. Any additional time required to attend staff meetings, public meetings, public hearings or other meetings not listed below shall be negotiated as a contract amendment. Attendance at the following minimum number of public meetings and hearings will be required. Ten (10) Project initiation, scoping and issue resolution meetings with the City/Applicant; One (1) Resource Conservation Commission meeting; ,z...:l.I - - Two (2) Planning Commission public hearings on the DEIR; One (1) Planning Commission hearing on the FEIR and related environmental documents; and At least two (2) City Council presentations on the FEIR and related environmental documents B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Screencheck Draft EIR Deliverable No. 2: Draft EIR Deliverable No. 3: Final EIR, Mitigation Monitoring Program and Candidate CEQA Findings D. Date for completion of all Consultant services: September 1, 1998 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. (X) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage), 10. Materials Required to be Supplied by City to Consultant: All relevant plans, maps and documents related to the Bayfront and Town Center I Redevelopment Plans; Summary of blight findings; discussion of project need 11. Compensation: A, (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $45,865, payable as follows: :/.. tll;J... - - Milestone or Event or Deliverable Amount or Percent of Fixed Fee Execution of Agreement $ 9,173 Submittal of Acceptable $18,346 Screencheck Draft EIR Submittal of Responses to Comments $13,760 Certification of Final EIR $ 4,586 (X) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase, Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: City: Joe Monaco, Environmental Projects Manager ~-~3 Consultant: Michael Schwerin, Project Manager 14. Liquidated Damages Rate: N/A 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 16. (N/A) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: N/A 18, Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 990-9907-5201 19, Security for Performance N/A ~..:1." REDEVELOPMENT AGENCY AGENDA STATEMENT Item .J Meeting Date 10128197 ITEM TITLE: RESOLUTION IS-~S' AUTHORIZING THE COMPLETION OF SOil REMEDIATION ON AGENCY-OWNED PROPERTY lOCATED AT 760 BROADWAY, AUTHORIZING THE EXECUTIVE DIRECTOR TO ARRANGE FOR CONTRACTUAL SERVICES FOR REMEDIATION, APPROVING A lOAN FROM THE OTAY VAllEY ROAD REDEVELOPMENT PROJECT AREA FUND TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA FUND AND APPROPRIATING FUNDS THEREFOR FROM THE SOUTHWEST PROJECT AREA FUND SUBMITTED BY: 'omm"" D.."o"",. D;'OC~'?' REVIEWED BY: Executive Director j ~ ~ /1 (415ths Vote: YesJl No_I BACKGROUND: The southerly half of the 2.4 acre site intended for development of the Broadway Business Homes, was cleared and conveyed to the developers, Josef and lenore Citron, last fall. The northerly half of the site is still owned by the Agency and is in escrow with the developers for development of Phase II of the project. In the process of clearing the Phase I site for development, contaminated soils from both Phase I and II were excavated and stockpiled on the Phase II site. The cost of the excavation and treatment of this material was to be spilt equally between the developers and the Agency pursuant to the terms of the Disposition and Development Agreement (DDA), as amended, for the Business Homes project. The terms of the DDA provided for sharing of costs as the work was completed. The developers failed to pay their share of the remediation costs on an ongoing basis, resulting in the Agency paying for all remedial work completed to date. As a result, the funds appropriated to complete the remediation were exhausted before the work could be completed, and the stockpiled contaminated soils have remained on the site for nearly a year. Additional detail related to the depletion of Agency funds is provided in the Fiscal Impact section of this report. The developers have indicated that they currently do not have the funds to reimburse the Agency for the work that has been done by the Agency toward remediation. The Agency is requested to authorize staff to complete the remediation of soils on the site at this time and appropriate funds for this work. RECOMMENDATION: That the Agency adopt the Resolution authorizing the completion of soil remediation on Agency-owned property located at 760 Broadway, authorizing the Executive Director to arrange for contractual services for remediation (subject to compliance with applicable purchasing procedures), approving a loan from the Otay Valley Road Redevelopment Project Area fund to the Southwest Redevelopment Project Area fund and appropriating funds therefor from the Southwest Project Area fund. ...,..1 Page 2, Item oJ Meeting Date 10128197 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In a letter dated September 5, 1997, the Agency informed the developers that they were in material breach of the DDA for the project and allowed them until October 26, 1997 to obtain financing for the project. At this time, the developers are attempting to pre.sell units in order to qualify for a loan for Phase I construction. At the time that this report is being written, it appears unlikely that they will meet the Agency's deadline in this endeavor. In the event that the Business Homes project does not proceed, the Agency will still have to remediate the soils in order to sell its property to another developer. Remediation of the soils now will facilitate future development opportunities by making the property immediately available and marketable without contingencies. In lieu of participation in remediation costs by the developer as previously anticipated, staff recommends that the Agency move forward and fund this work at this time for the following reasons: 1. It is clear that, even if the Business Homes project moves forward, there will be ample time to remediate the site through a less expensive process (on-site bioremediation) than previously anticipated. 2. Although the Agency is asked to appropriate funds, Fuller Ford is ultimately responsible for reimbursing all costs associated with removal and treatment of contaminated soils caused by their previous use of the site. Staff is currently in the process of requesting reimbursement. 3. The contaminated soils are currently stockpiled on the northerly half of the site. As such, they are a concern of the developer, neighboring property owners and prospective purchasers. 4. The rainy season is approaching and erosion problems are expected. As a result, additional costs of erosion control would need to be expended. J..J. Page 3. Item .3 Meeting Date 10/28/97 FISCAL IMPACT: To date, the Agency has spent a total of $82,684 in soil testing and remediation. Completion of the remediation is expected to cost an additional $45,000, The costs of remediation work were to have been shared between the Agency and the developer on an on-going basis as testing and remediation work proceeded. The developer failed to make the required payments forcing the Agency to pay 100% of invoices from the consultant. Notice was given to the developer that they were in default of the agreement on numerous occasions. The developer's failure to pay caused the funds previously approved for the Agency's half of the costs to be depleted before the work was completed. In light of the unwillingness of the developer to make any contributions, these additional funds are required. The appropriation request is for the $45,000 + $4,500 (10% contingency) - $49,500. The Southwest Project Area fund does not have a sufficient balance to cover these costs and, therefore, this request requires a loan from the Otay Valley Road Project Area fund to the Southwest fund. As indicated above, staff is in the process of pursuing reimbursement of all remediation costs from Fuller Ford. The loan will be repaid with interest at the City's pooled investments rate, out of the first available funds. lJMJ H:IHOMEICOMMOEVISTAFF,REPI10,28,971760BROWY IOctob" 23, 1B97 19:278mll J.ð - - - - RESOLUTION NO, L.S.-'-S' RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMPLETION OF SOIL REMEDIATION ON AGENCY-OWNED PROPERTY LOCATED AT 760 BROADWAY, AUTHORIZING THE EXECUTIVE DIRECTOR TO ARRANGE FOR CONTRACTUAL SERVICES FOR REMEDIATION APPROVING A LOAN FROM THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA FUND TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA FUND AND APPROPRIATING FUNDS THEREFOR FROM THE SOUTHWEST PROJECT AREA FUND WHEREAS, contaminated soils have been excavated and stockpiled on the subject site in anticipation of a development project, the Broadway Business Homes; and WHEREAS, the developer of that project had agreed to share in the costs of the final disposition of said contaminated soils, and has not yet made any contributions toward remediation; and WHEREAS, continued exposure of the contaminated soils poses potential risks to the Agency; and WHEREAS, in the event that the Broadway Business Homes project is not constructed, the Agency would need to complete the soil remediation regardless; and WHEREAS, because developer contributions were relied upon to complete the remediation and have not been advanced, no current funding exists to complete the work; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby: 1) Authorize the completion of soil remediation on Agency-owned property located at 760 Broadway. 2) Subject to compliance with applicable purchasing procedures, authorize the Executive Director to arrange for contractual services for remediation. 3) Approve a loan from the unappropriated balance in the Otay Valley Road Redevelopment Project Area fund to the Southwest Redevelopment Project Area fund in the amount of $49,500, such loan to be paid back out of first available funds with interest at the pooled investment rate. 4) Appropriate funds in the amount of $49,500 for the specified purpose from the Southwest Redevelopment Project Area fund lAIC 985-9850-5519]. Presented by Approved as to form by r.l- S~./ :;;,.- Chris Salomone Director of Community Development [{JM) H,\HaMElCaMMDEV\RESaS\76aBRDWV laotob" 22. 1997 12,52.mll ..1..4 . . . .